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NBBS1104 Management and Medico Legal Studies B
NBBS1104 Management and Medico Legal Studies B
NBBS1104
Management and Medico
Legal Studies B
Self-Test 1 47
Self-Test 2 48
References 48
Summary 91
Key Terms 92
Self-Test 1 92
Self-Test 2 93
References 94
INTRODUCTION
NBBS1104 Management and Medico Legal Studies/Management and Medico
Legal Studies B is one of the courses offered by the Faculty of Nursing and Allied
Health Sciences at Open University Malaysia (OUM). This course is worth three
credit hours and should be covered over a period of 15 weeks.
COURSE AUDIENCE
This course is designed for students undertaking Bachelor of Nursing Sciences
(Hons) in OUM. There are no pre-requisites for this course. Students are required
to understand this course guide well before starting with the topics in this
module.
STUDY SCHEDULE
It is OUMÊs standard practice that learners should accumulate 40 study hours for
every credit hour. As such, for a four credit hour course, you are expected to
spend 160 study hours. Table I gives an estimation of how the 160 study hours
could be accumulated.
STUDY
STUDY ACTIVITIES
HOURS
Briefly go through the course content and participate in initial
3
discussions
Study the module 80
Attend four tutorial sessions 8
Online Discussion/Forum 42
Revision/Online Self-Test and Practice MCQ 24
Examination 3
LEARNING OUTCOMES
By the end of this course, you should be able to:
1. Explain what is management and leadership in nursing;
2. Describe the principles and processes of management;
3. Discuss the management and motivation theories in relation to nursing;
4. Differentiate the various models of care delivery system;
5. Appreciate time management for work and personal life; and
6. Discuss the types of law and legal issues in relation to nursing practice.
COURSE SYNOPSIS
This course is divided into eight topics. The course synopsis for each can be listed
as follows:
Topic 1: Managers tend to focus their energy and effort on ensuring smooth
workflow. Effective leaders view things globally, create visions of
what might be, inspire others, and are able to work with others in
more connected ways. In this topic you will explore the
management process, strategic planning, SWOT analysis and
management theories.
Topic 2: Leadership relies more on personality traits and people skills. All
professional nurses are leaders because they influence others. In this
topic, you will learn about leadership styles, methods of developing
the role of the leader and motivation theories.
Topic 4: Each nursing care delivery model has its advantages and
disadvantages and none is ideal. Some methods are conducive to
large institutions, whereas other systems may work best in
community settings. Managers in any organisation must examine
the organisational goals, the unit objectives, staff avaibility and the
budget when selecting a care delivery model. In this topic you will
explore the various types of care delivery system; functional
nursing, team nursing, primary nursing and patient-centred care.
Topic 6: Decision-making and critical thinking are vital skills for nurses
(expecially the nurse manager), as they not only involve managing
and delivering care, but are also essential in engaging planned
change. In this topic, you will learn problem-solving theories to
make good decisions as well as the concepts of quality assurance,
quality management, quality improvement and the change process.
Topic 7: The expanded role of professional nursing has forced new concerns
among nurses and a heightened awareness of the interaction of legal
and ethical issues. This topic will provide you with an overview of
the legal system and specific doctrines used by the courts to define
legal boundaries for nursing practices.
Topic 8: Having learnt the types of law and the differences between various
types of law in the previous topic, you will now study the standards
Learning Outcomes: This section refers to what you should achieve after you
have completely covered a topic. As you go through each topic, you should
frequently refer to these learning outcomes. By doing this, you can continuously
gauge your understanding of the topic.
Summary: You will find this component at the end of each topic. This component
helps you to recap the whole topic. By going through the summary, you should
be able to gauge your knowledge retention level. Should you find points in the
summary that you do not fully understand, it would be a good idea for you to
revisit the details in the module.
Key Terms: This component can be found at the end of each topic. You should go
through this component to remind yourself of important terms or jargon used
throughout the module. Should you find terms here that you are not able to
explain, you should look for the terms in the module.
ASSESSMENT METHOD
Please refer to myINSPIRE for the latest assessment method.
REFERENCES
David, F. R. (2003). Strategic management: Concepts and cases (9th ed.). New
Jersey: Prentice Hall.
Ellis, J. R., & Hartley, C. L. (2006). Managing and coordinating nursing care
(4th ed.). Philadelphia: Lippincott William & Wilkins.
Falco, J., Wenzel, K., Quimby, D., & Penny, P. (2000). Moving differentiated
practice from concept to reality. Aspen Advisor for Nurse Executives,
15(5) 6 9.
Hood, L. J., & Leddy, S. K. (2006). Leddy & PepperÊs conceptual bases of
Professional Nursing (4th ed.). USA: Lippincott William & Wilkins.
Jones, R. A. P., & Beck, S. E. (1996). Decision making in nursing. Clifton Park, NY:
Delmar Learning.
Marquis, B. L., & Huston, C. J. (2006). Leadership roles and managment functions
in nursing theory and application (5th ed.). USA: Lippincott William &
Wilkins.
Reed, C. R., & Pettigrew, A. C. (1999). Self management: Stress and time. St Louis:
MO: Mosby.
Yoder, P. S. (2003). Leading and managing in nursing (3rd ed.). USA: Mosby.
INTRODUCTION
Managers are people who do things right and leaders are people who do the
right things.
(Bennis & Nanus, 1985)
Is there a difference between leadership and management? Yes, there is. The term
management implies supervision, control or direction of the unit or group of
employees. Managers plan, organise and coordinate, often directing individual
efforts towards the achievement of a common goal. A manager is in a position of
leadership, but he or she may not have leadership qualities.
Managers may have organisational skills, whereas leaders have personality and
charisma. StepPhen Covey stated in his book „The 7 Habits of Highly Effective
People‰:
So, is it desirable to have both management and leadership skills? Going back to
Stephen CoveyÊs ladder, both skills are important to demonstrate to your staff
that the ladder you have to put out for them to climb will lead to success because
the position where it has been placed makes sense; for example, a supportive and
healthy environment. Let us now proceed to explore the management process,
strategic planning and management theories.
1.1.1 Planning
„The greatest thing in the world is not so much where we are, but in what
direction we are moving.‰
Oliver Wendell Homes.
Nurses have the opportunity to make a difference by planning new strategies for
the future and by influencing the direction of healthcare. Planning encompasses
forecasting, establishing objectives, devising strategies, developing policies and
setting goals.
The process of planning must involve managers and employers throughout the
organisation. The important point is that all managers do planning and should
involve subordinates in the process in order to facilitate employee understanding
and commitment.
One of the outcomes from a long-range plan is the decision to prepare specific
programme budgets. Programme budgets are used primarily to evaluate new
programmes being considered to help the organisation attain its long-range plan.
The process involves an external assessment to examine opportunities and
Strength: Opportunities:
Management development Nurse recruitment
Qualifications of staff Physician recruitment
Medical staff expertise Referral patterns
Facilities New programmes
Location New markets
Quality of service Diversification
Population growth
Improved technology
New facilities
Weakness: Threats:
Scarcity of staff Shortage of nurses
Financial situation Decrease in patient satisfaction
Cash flow position Increase in accounts receivable
Marketing efforts Decrease in demands for services
Marketing share Competition
Regulations
Litigation
Unionisation
Loss of accreditation
After the situation audit is done, the management team reviews the philosophy,
identifies vision and values , writes a purpose or mission statement, identifies
organisational goals and objectives, plans strategies to accomplish the objectives,
identifies required resources and determines priorities and accountability while
setting the time frames (Huber, 2006, Roussel, Swansburg & Swansburg, 2006;
Sullivan & Decker, 2005; Yoder Wise, 2007).
ACTIVITY 1.1
Suppose you are the manager of a unit and intend to change the patient
care management system from task-oriented to patient-centred care.
How you will plan this? Discuss.
1.1.2 Organising
Organising is defined as establishing the structure to carry out plans,
determining the most appropriate type of patient care delivery and grouping
activities to meet the unit goals. Other functions involve working within the
structure of the organisation and understanding how to use power and authority
appropriately.
Organising means determining who does what and who reports to whom. The
organising function of management can be viewed as consisting of three
sequential activities: breaking tasks into jobs (work specialisation), combining
jobs to form department (departmentalisation) and delegating authority.
One man draws the wire, another straightens it, a third cuts it, a fourth points it,
a fifth grinds it at the top for receiving the head. Ten men working in this manner
can produce 48,0000 pins in a single day, but if they had all wrought separately
and independently, each might at best produce twenty pins in a day.
1.1.3 Staffing
ACTIVITY 1.2
What do you think about Malaysian nurses who have migrated to other
countries? Have you decided your career pathway after you have
completed this course? Share your thoughts with your coursemates.
Nurses are the main source of care for patients during the most vulnerable times
in their lives, so a shortage of nurses poses a serious risk. Turnover of staff is
expensive and it is costly to recruit, orient and train new nurses.
Turnover is the rate at which employees leave their jobs for reasons other than
death or retirement. Turnover is expensive because of the resulting recruitment
and orientation costs of hiring new staff to fill the vacancies. Malaysia needs
another 100,000 nurses to fulfill the nurse-patient ratio of 1:200 population.
Therefore we need to produce 8000 nurses annually in order to meet the
requirement and the attrition rate remains high every year as nurses migrate to
other countries for better salaries.
So, how to plan for staffing in response to these shortages? To answer this
question, we take a look at Table 1.1 which explains the two aspects, namely:
• Leadership roles; and
• Management functions associated with preliminary staffing functions.
• Plans for present and future staffing • Ensures that there is an adequate
needs by adopting a proactive skilled workforce to meet the goals of
approach to knowledge of current and the organisation.
past staffing events.
• Shares responsibility for the
• Identifies and recruits talented people recruitment of staff with organisation
to the organisation based on their recruiters.
performance and competency levels.
• Plans and structures appropriate
• Seeks diversity in staffing, from interview activities.
different backgrounds, working
• Uses techniques that increase the
experiences and knowledge which
validity and reliability of the interview
reflect the diversity of the population
process.
being served.
• Applies knowledge of the legal
• Is self-aware of personal biasness
requirements of interviewing and
during the pre-employment process.
selection to ensure that the organisation
• Seeks to find the best possible fit is not unfair in its hiring practices.
between employeeÊs unique talents and
• Develops established criteria for
organisational staffing needs.
selection.
• Periodically reviews induction and
• Uses knowledge of organisational
orientation programmes to ascertain
needs and employee strengths to make
they are meeting unit needs.
placement decisions.
• Ensures that each new employee
• Interprets information in the employee
understands appropriate organisational
handbook and provides input for
policies.
handbook revisions.
• Continually aspires to create a work
• Participates actively in employee
environment that promotes retention
orientation, continuous nursing
and worker satisfaction.
education and research activities.
1.1.4 Directing
Directing includes several staffing functions. Directing entails human resource
management responsibilities such as motivating, managing conflict, counselling,
delegating, communicating and facilitating collaboration. Nurses should be
equipped with communication skills in order to provide correct information on
what the patient needs to know, so that the patient can make decisions, reduce
his/her anxiety and feel safe and secure. Counselling is important in helping
patients share their problems with nurses.
Many things interfere with our ability to delegate. One may be our need for
control. Inability to delegate may be as a result of feeling, „If I want it done
correctly, IÊd better do it myself‰.
1.1.5 Controlling
Control is defined as an attempt to ensure that actual results come as closely to
planned results as possible. All managers in an organisation have controlling
responsibilities, such as conducting performance evaluations and taking
necessary action to minimise inefficiencies. Controlling consists of four basic
steps (see Figure 1.4).
For example, at the end of the year you will be evaluated by your manager based
on your job performance. He/she will highlight your achievements while giving
a little guidance for career development.
ACTIVITY 1.3
ACTIVITY 1.4
MANAGEMENT
DESCRIPTIONS
THEORY
Organisational Behaviour This theory focused on the effect individuals have on the
success or failure of an organisation. The main concerns of
the human relations movement are individuals, group
process, interpersonal relations, leadership and
communication. Instead of concentrating on the
organisationÊs structure, nurse managers encourage staff
to develop their potential and help them meet their need
for recognition, accomplishment and a sense of belonging.
• The management process is similar to the nursing process. Both processes are
cyclical and may occur simultaneously.
• Not only would the nurse manager be performing all phases of the
management process but each function has a planning, implementing and
control phase.
David, F. R. (2003). Strategic management, concepts & cases (9th ed.). New
Jersey: Prentice Hall.
INTRODUCTION
Leadership comes from the inspiration for desired responses and getting work
done through others. Leaders focus on purpose and doing the right thing. They
are future-oriented, challenged by change, able to plan strategies and facilitate
human potential. Leaders need to use their knowledge of power and politics to
motivate people to act and to manage conflict. Knowledge of leadership theories
help leaders adjust their leadership styles to fit different situations (Marriner
Tomey, 2009).
However, motivating employees is easier said than done! Despite the abundance
of research and theories on motivation, the subject of motivation is not clearly
understood and in many instances, poorly practised. It has been suggested that
in order to understand motivation you need to understand the whole of human
nature. Obviously, this would be problematic as human nature or human
behaviour can be very simple and yet very complex too.
Surely, you know the old saying that you can take a horse to water but you
cannot force it to drink, unless of course it is thirsty. Similarly with people, they
will do what they want to do if they are motivated. In this module, you will
explore leadership styles and motivation theories and relate them with your
experiences.
A leader plays a major role in ensuring that the group objectives are realised. In
every group even though no leader is appointed, a leader would appear among
them naturally. In a battle, if the leader is killed, the second person in command
will automatically take over the leadership. But in situations where all the leaders
of the platoon have died, the person who provided some ideas and suggestions
for their survival and well-being would usually be accepted by the platoon as
their natural leader. This person assumes leadership indirectly not by choice but
more so for the sake of his and his friendsÊ well-being and their survival will rise
above others in the group.
Leadership studies from the 1930s by Kurt Lewin and colleagues at the Iowa
State University conveyed information about three leadership styles that are still
widely recognised today. The three styles are autocratic, democratic, and laissez-
faire leadership.
temperature); (2) most team members would agree with the decision and provide
consensus; and (3) a decision has to be made promptly.
The third style, laissez-faire leadership, is passive and permissive and the leader
often defers decision-making.
Lewin (1938) contrasted these three styles and concluded that autocratic leaders
were associated with high-performing groups but that close supervision was
necessary and feelings of hostility were often present. Low productivity and
feelings of frustration were associated with laissez-faire leaders.
Ex-President of the National Union of Journalists Norila Mohd Daud once said:
ACTIVITY 2.1
Before we embark further into the content, who, in your opinion, has
the characteristics of a good leader in our country or in your
organisation? Discuss what makes that person a good leader.
Throughout your experience in the nursing profession, can you identify someone
with the characteristics of a good leader? Nurse leadership is vital. Nurses
depend on their leaders to set goals for the future and the pace for achieving
them. The leader, not the manager, inspires others to work at their highest level.
The presence of strong leadership sets the tone for achievement in the work
environment.
ACTIVITY 2.2
Leadership is a process of influence that involves the leader, the follower and
their interaction. Followers can be individuals, groups of people, communities
and members of the society in general.
Can the leader effectively modify his or her behaviour and that of others?
(b) Passion
Ability to aspire and align people towards lifeÊs goals.
(c) Integrity
Self-honesty and maturity. These will develop through experiences and
growth.
Gurka (1995, p. 170) has identified three qualities of the transformational leader:
(b) Charisma
Charisma is exhibited by inspiring and motivating, demonstrating
enthusiasm and communicating in a positive manner.
(a) Be Proactive
Nurses need to set goals and work to achieve them. They accept their own
ability to be „response-able‰ in dealing with clientsÊ whole human
responses to their health concerns. They believe that „itÊs not what happens
to us, but our response to what happens to us that hurts us,‰ (Covey, 1989.
p73).
(h) Find Your Own Voice and Inspire Others to Find Theirs
Being truly authentic towards oneÊs personal life mission and helping
others find themselves; foster the development of new leaders and promote
deep satisfaction with life and work.
ACTIVITY 2.3
leader must exhibit respect and patience with followers. Great leaders
create civilised work environments (Kerfoot, 1999).
The effective leader does not send members to do a job, but rather leads
them toward a mutual goal as a team.
ACTIVITY 2.4
Yes. Motivation theories are useful because they help explain why people act the
way they do and how managers can relate to individuals as human beings and
workers. Understanding these theories help us to develop better practices and
gain a better understanding of the people around us.
When you are interested in creating change, influencing others and managing
performance and outcomes, it is useful to understand the motivation that is
reflected on the personÊs behaviour.
Theory Y:
Theory YÊs purpose is to encourage integration, to create a situation in which an
employee can achieve his or her own goals best by directing his or her efforts
towards the objectives of the organisation. It is a deliberate attempt to link
improvement in managerial competence with the satisfaction of higher-level ego
and self-actualisation needs. Theory Y leads to a preoccupation with the nature
of relationships, with the creation of an environment which will encourage
commitment to organisational objectives and which will provide opportunities
for the maximum exercise of initiative, ingenuity, and self-direction in achieving
them.
Figure 2.3: How organisations motivate with the hierarchy of needs theory
Adapted from Kelly-Heidenthal P., 2003, Nursing Leadership &
Management, Canada, Thomson
• The role of the nurse leader is to share a vision and provide the means for the
followers to reach it.
• When the group succeeds, the leader succeeds.
• Various leadership opportunities are available; it is up to the nurse to take
advantage and contribute to the progress of the nursing profession.
• Key elements to becoming an effective leader can be learned and applied:
– Select an effective and willing mentor;
– Lead by example through role modeling;
– Share the rewards with the followers;
– Have a clear vision that followers can support; and/or
– Be willing to grow and change to meet current needs.
(a) i
(b) i, ii
(c) i, ii, iii
(d) iv
Covey, S. R. (1989). The 7 habits of highly effective people. New York: Simon &
Schuster.
Covey. S.R. (2004). The 8th habit: New York: Free Press.
David, F. R. (2003). Strategic management: Concepts & cases (9th ed.). New
Jersey: Prentice Hall.
Yoder P. S. (2003). Leading and managing in nursing (3rd ed.). USA: Mosby.
INTRODUCTION
High quality nursing care should be the goal of every nurse, educator and
manager. High quality to me means care that is individualised to a particular
patient, administered humanely and competently, comprehensively and with
continuity. Primary nursing is one means of accomplishing that quality of
care.
Mary Manthey (1980)
Do you agree with the above statement? What is your definition of high quality
nursing? The ability of a nurse to provide safe and effective nursing care to a
patient is dependent on the knowledge, skills/competency level, attitude and
experience of the staff, the severity of illness of the patients, the amount of
nursing time available, the model of the care delivery system, care management
tools and organisational support. This topic will explore these factors, how they
affect planning for staffing and the results of staffing plans.
Today, you may see the ratio of one nurse to one patient in a critical area. In
todayÊs rapidly changing health care environment, many variables must be
considered in determining staffing requirements. The effectiveness of the staffing
pattern is only as good as the planning that goes into its preparation.
Surprisingly, very little is known about what leads to nurse satisfaction. Many
factors are believed to be relevant in keeping nursing staff satisfied. The issue of
financial payment is, of course, relevant. A higher salary at another institution
may cause staff to move from one organisation to another.
One key reason for the failure to retain nurses is burnout. Burnout is more likely
to cause nurses to leave the nursing fraternity completely. Nurses suffering from
burnout tend to be less productive, more error-prone, have low morale and
accrue a considerable number of sick days. However, the most obvious cause of
burnout is short-staffing. When there are simply not enough nurses to get the job
done on a given day or week, the existing staff may be required to take in the
extra workload and it is very common for staff in such instances to be required to
undertake double duty. The staff will be very tired at the end of the shift. The
other factors could be due to fewer opportunities for career development and
financial problems, leading nurses to leave the organisation and consequently
causing even greater stress on those that remain.
Staff will be more contented if they believe they have a caring manager, who is
interested in their development. A manager should be supportive, fair and be
seen as using staff time wisely. The overall attitude and the support system of the
unit manager and administrators could, to some extent, offset the problems of
burnout.
Let us now discuss on the current shortage of nurses. The nurse-patient ratio in
Malaysia is 1:324 (2009) population. We would require another 100,000 nurses to
meet the ideal nurse-patient ratio of 1:205 (2015) in year 2015. The current
international registered nurse (RN) shortage is predicted to be worse in the
coming years. The Bureau of Labour Statistics projects that the need for RN will
rise by as much as 25% by 2005 and 36% by 2020.
The cost of coaching new staff is high. Increasing retention of existing employees
decreases the need for orientation. As you remain in the same position and feel
comfortable, you would begin to develop short term and long term professional
goals.
When you are satisfied with your working environment and job roles, you are
more likely to be motivated to commit to the organisation.
When you become a more experienced nurse, you will be required to coach new
staff, including them in decision making and helping them to become team
players. These will make a significant difference in the turnover rate. How an
individual is treated by the senior and also the superior, the perception of
fairness and a willingness to see each employee as an individual, contribute to
reducing staff turnover.
The following are some interesting statements regarding the nursing career:
ACTIVITY 3.1
To identify how many staff are needed at any given time in the unit, it is
necessary to determine the patientÊs actual needs. A Patient Classification System
is a measurement tool used to articulate the nursing workload for a specific
patient over a period of time. This is also called patient acuity.
As a patient becomes more ill or sicker, the acuity level rises, meaning the patient
requires more nursing care. On the other hand, if a patientÊs acuity level
decreases, the patient requires less nursing care. The criteria reflecting the care
needed in bathing, mobilising, eating, supervision, assessment, and observations
are based on 14 activities of daily living (ADL) by Virginia Henderson.
The ideas are matched to the latest clinical technology and caregiver skills
variables (Malloch & Conivaloff, 1999). There are two different types of PCS (see
Figure 3.1):
There are some advantages and disadvantages from the system, such as:
(i) Advantages
Data are readily available to managers and staff for day-to-day
operations. These data provide a base of information against which
one can justify changes in staffing requirements. For instance, using
the computer database where all the data has to be inserted in the
standard format.
(ii) Disadvantages
The ongoing workload for the nurse having to classify patients daily.
The system does not holistically capture the patientÊs needs for
psychosocial, environmental and health management support. When
a nurse is a novice, he/she may take longer to perform the activities
than the average or more experienced nurse.
Factor System
• Uses units of measure • Readily available data • Becomes ongoing
that equate to nursing for managers and staff workload for the nurse
time. in their day-to-day in classifying patients
• Attempts to capture the operations. daily.
cognitive functions of • These data provide a • The system does not
assessment, planning, base of information capture the patientÊs
intervention and against which one can need for psychosocial,
evaluation of patient justify changes in environmental and
outcomes along with staffing requirements. health management
written documentation support.
processes. • A novice may take
• The most popular type longer to perform
of classification system. activities than the
• Able to project care average or more
needs for individual experienced nurse.
patients as well as
patient groups.
• The time assigned for
different nursing
activities can be
changed over time to
reflect the changing
needs of the patients or
hospital systems.
Prototype System
• Allocates nursing time • Reduces work for the • No ongoing measure of
to large patient group nurse because he/she is the actual nursing
based on similar not required to classify work required by
patients or known as the patient daily. individual patient.
diagnostic-related • No ongoing data to
groups monitor the accuracy of
• Assumes that on the pre-assigned
average this will reflect nursing requirements.
the standard routine
nursing care provided.
3.2 SCHEDULING
Scheduling of staff is the responsibility of the ward Head Nurse or Manager.
He/she must ensure that the schedule places the appropriate staff on each day
and shift for safe and effective patient care. Some issues to consider as you
schedule your staff are shown in Figure 3.3.
ACTIVITY 3.2
To ensure that patient care needs are met, there must be a structure to
the self-scheduling programme. In your opinion, what do you think of
self-scheduling and what would be the consequences if you want to
introduce this system in our local setting?
3.3 EVALUATION
Providing feedback to employees regarding their performance is one of the
strongest rewards an organisation can provide. Performance appraisals are
individual evaluations of work performance. Evaluations are usually done
annually but also may be required after a scheduled orientation period for a new
employee.
• The Patient Classification System predicts the nursing time required for a
specific or a whole group of patients.
• The number of staff and patients in your staffing pattern determines the
amount of nursing time available for patient care.
• The scheduling of staff is the responsibility of the nurse manager, who must
take into consideration the patientÊs need and intensity, volume of patients
and the experience of the staff.
• Self-scheduling could increase staff morale and professional growth but for it
to be successful would require clear boundaries and guidelines.
2. The following statements are true about the Patient Classification System
(PCS) EXCEPT:
(a) It is measurement tool used to articulate the nursing workload for a
specific patient over a period of time.
(b) It is necessary to determine the patient's needs.
(c) It is useful for both individual patients as well large patient groups.
(d) It is a process to implement the monthly work schedule.
You are a nurse manager of a new unit for stroke patients which consists of
10 patients only. What would you consider when planning for staffing for
this unit?
Ellis, J. R., & Hartley, C. L. (2005). Managing and coordinating nursing care
(4th ed.). Philadelphia, Lippincott William & Wilkins.
Falco, J., Wenzel, K., Quimby, D., & Penny, P. (2000). Moving differentiated
practice from concept to reality. Aspen Advisor for Nurse Executives,
15(5) 6–9.
INTRODUCTION
Each nursing care delivery model has advantages and disadvantages, and none is
ideal. Some methods are suited to large institutions, whereas other systems may
work best in a community setting. Managers in any organisation must examine
the organisational goals, the unit objectives, staff availability and the budget
when selecting a care delivery model.
As a manager in your area, you are responsible for planning and implementing
the model and evaluating its outcomes. First, you must make sure that you have
enough staff to execute the model. Then, you have to use reinforcement to
engage your staff in the implementation process. Continuous monitoring should
also be done to evaluate their performance.
This topic discusses the four strategies of a care delivery system: functional
nursing, team nursing, primary nursing and patient–centred care.
(i) Advantages
This model can be utilised for a large number of patients. While it
makes use of other types of health care workers when there is a
shortage of nurses, patients are likely to have care delivered to them
in one shift by several staff members.
(ii) Disadvantages
On the other hand, to a patient, care may be disjointed. In this model,
the patient becomes the sum of the tasks of care required rather than
holistic care.
(i) Advantages
These models require a good team leader with very good delegation
and supervisory skills. Therefore, the RN can easily work together as
a group.
(ii) Disadvantages
Communication in this model can, however, be complex as there is
shared responsibility and accountability, which can cause confusion
and lack of accountability. These factors contribute to RN
dissatisfaction with this model. It can also lead to the patient feeling
fragmented and depersonalised.
(i) Advantages
This model is the most convenient model for patients as it expedites
services to the patients. However, it can be extremely costly to
decentralise major services in an organisation.
(ii) Disadvantages
The disadvantage is that some staff have perceived the model as a
way of reducing RNs and cutting costs.
You will get a clearer picture of this model by studying Figure 4.5.
ACTIVITY 4.1
Each model has its strengths and weaknesses that should be considered
when deciding which one to implement. Based on several different care
delivery models explained above, choose the best model that you think
can be implemented in your area and justify why you would choose
that model.
Clinical pathways reduce the patient's length of stay (LOS) and are widely used
not only to enhance outcomes but also to contain costs within a constrained
length of stay (Lagoe, 1998).
Patient Group
This is a homogeneous group of patients identified by a medical diagnosis,
diagnostic-related group (DRG) or surgical procedures for which usual processes
of care are similar. Among its features are:
• HIGH VOLUME: Increase total number of patients admitted with the same
diagnosis.
• HIGH RISK: Need immediate treatments compared to other diseases.
• HIGH COST: Higher cost for treatment, for example, total knee replacement.
• HIGH LOSS: The standard care plan in the clinical pathway will shorten the
length of stay in the hospital.
• LARGE VARIATION IN PRACTICE: Pathways also allow for data collection
of variances to the pathways. The data can then be used to look for
opportunities for improvement in hospital systems and in clinical practice.
(i) Advantages
Clinical Pathways are powerful tools for managing care. They are very
instructive for new staff, and they save significant amount of time in the
(ii) Disadvantages
The problem arises during the development of the multidisciplinary
pathways as it requires a significant amount of work to gain consensus
from various disciplines on the expected plan of care.
For example, in a patient with post-surgery case, if the patient has not met
ambulation goals according to the clinical pathway, the case manager would
work with the physician and other health care professionals to determine what is
preventing the patient from achieving the goal.
• Patient Classification System (PCS) predicts the nursing time required for
specific and whole groups of patients.
• The number of staff and patients in your staffing pattern determines the
amount of nursing time available for patient care.
• Case management and clinical pathways are care management tools that
have been developed to improve patient care and reduce hospital costs.
• Whatever staffing variations are chosen, it is critical to assess its effect on
patient care and finances.
2. There are four models under the Historical Perspective. Which one is
considered as TRUE?
(a) In the Functional Nursing Model, nurses work as independent units.
(b) The model of team nursing was developed after the World War II in
an effort to utilise the nurses and to ease the shortage of nurses that
most hospitals were experiencing.
(c) The primary nurse does not have the authority, accountability and
responsibility to provide care for a group of patients.
(d) The Patient-Centred Care or Patient Focused Care model is designed
to focus on staff needs rather than patient needs.
1. You are a nurse manager of a new unit for stroke patients which consists of
10 patients. What would you consider when planning for staffing for this
unit?
DISCUSSION (GROUP)
Formulate one clinical pathway in the small group based on high risk, high
volume and high cost in your hospital. You are required to show evidence of the
statistical data before proceeding to the clinical pathway.
Ellis, J. R., & Hartley, C. L. (2005). Managing and coordinating nursing care (4th
ed.). Philadelphia, Lippincott William & Wilkins.
Falco, J., Wenzel, K., Quimby, D., & Penny, P. (2000). Moving differentiated
practice from concept to reality. Aspen Advisor for Nurse Executives, 15(5) 6–9.
INTRODUCTION
Numerous studies have shown how nurses use their time. Most studies were
conducted on acute care nurses as they represent the majority of nurses. Only 30
to 35% of nursing time is spent on direct patient care (Scharf, 1997). 25% of a
nurseÊs time is spent on charting and reporting. The remaining time is spent on
admission and discharge procedures, professional communication, personal time
and providing care that could be provided by unlicensed personnel, such as
transportation and housekeeping (Upenieks, 1998).
Patricia Benner addressed the issues faced by new nurses as they struggle with
time management issues and explained the ways expert nurses deal with time
management using contingency planning. This contingency planning includes
approaches such as rapidly assessing patient needs, setting and shifting
priorities. They continuously evaluate routine standards and procedures.
Standard priorities include attending to radically abnormal vital signs, symptoms
of respiratory or circulatory compromise, intravenous medications running dry
and intravenous medication administration. Expert nurses learn to anticipate and
prevent periods of extreme workload within a shift.
The above quote clearly shows the importance of effective team building, where
each member should be equally important, everyoneÊs voices and opinions are
heard and progress is made towards the same goals. Team members should
know each othersÊ strengths and weaknesses and continually develop their
knowledge and skills. The leader also plays a role by educating team members so
they know what to do, enabling them so they know how to do it and
empowering them by authorising them to do it (Harrington-Mackin, 1996).
Figure 5.2: Some processes that can be enhanced through effective team building
Lewin (1951), McGregor (1960) and Argyris (1964) are among the few people
who have discussed the theories of effective teams. A great team accomplishes
the objectives of the group through the active participation of its team members.
Table 5.1 shows the attributes that can make a team effective or ineffective.
You should visit this website for more information on effective teams:
http://www.accel-team.com
A majority of new nurses find it impossible to meet all of their patientsÊ needs as
these needs tend to be unlimited whilst time is limited. Time management
allows these nurses to prioritise care, decide on the outcomes and perform the
most important interventions first. Good time management does not only help
nurses work well but also improves the quality of their personal lives as it simply
means more time for family, friends and leisure.
It sounds easy but why do some people find it hard to focus on the 20% effort?
There are several possible explanations on this matter. One reason for losing
focus is when you tend to execute too many tasks or projects simultaneously. To
overcome this problem, you should run lesser projects at one time so that every
project can get your undivided attention. It is even better to finish one project
first before you move on to the next one. Prioritising goals can also be helpful.
Another reason for suffering work overload is due to your inability to say „No‰.
Learning to say „no‰ to requests is difficult and sometimes can be unpleasant to
others. You have to consider whether there is time left to complete the requests. If
your time is limited, you can consider delegation or negotiation or state politely
that you do not have extra time.
(a) Goal-setting
The first step in any time management strategy is to shift from task
orientation to outcome orientation. Long-term goals cannot be achieved
overnight. Long-term goals are best when broken down to smaller realistic
steps, towards long-term goals. There may come a time when the outcome
is no longer realistic or should be shifted to a more realistic goal when
circumstances change (Reed & Pettigrew, 1999).
(c) Organisation
Simply by having few a simple routines, you can save a lot of time in a day
and even enhance your efficiency. Examples of the routines are keeping a
earlier and the outcome of getting up early is fatigue, then the strategy is
not beneficial.
Distraction Strategies
Unplanned phone call Use an answering machine or voicemail. Consider a humorous
message. Set a time to return calls.
Low priority task Say no to jobs that have little value or which you have little
interest.
Request for assistance Encourage them to be more independent. Decision to help
assistance should be conscious decisions, not drop-in
distractions.
ACTIVITY 5.1
You should visit these websites for more information on time management:
http://www.daytimer.com
http://www.mindtools.com
Al-Assaf, A. F., & Schmele, J. (1997). Total quality in healthcare. Boca Raton,
FL: St. Lucie Press.
AMC Q series curriculum. (1998). Albany, NY: Albany Medical Center, Quality
Management Department.
Bennis, W., Benne, K., & Chin, R. (1969) The planning of change. New York: Holt,
Rinehart, Winston.
Jones, R. A. P., & Beck, S. E. (1996). Decision making in nursing. Clifton Park, NY:
Delmar Learning.
Koch, R. (1999). The 80/20 principle: The secret to success by achieving more
with less. NY: Doubleday.
Lamond, D., & Thompson, C. (2000). Intuition and analysis in decision making
and choice.
Norris, S. P., & Ennis, R. H. (1989). Evaluating critical thinking. Pacific Grove,
CA: Midwet Publications, Critical Thinking Press.
Reed, C. R., & Pettigrew, A. C. (1999). Self management: Stress and time. St Louis,
MO: Mosby.
Scott, G. G. (1990). Resolving conflict with others and within yourself. Oakland,
CA: New Harbinger.
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Apply problem-solving theories to make good decisions and solve
complex problems;
2. Apply the concept of quality assurance, quality management and
quality improvement; and
3. Differentiate between quality assurance and quality improvement.
INTRODUCTION
Decision making is a vital skill that every nurse should have, especially nurse
managers, as it does not only involve managing and delivering care, but also
engaging in planned change. Healthcare institutions have already provided
certain guidelines on dealing with routine situations. However, exceptional
situations may occur at times and this difficult decision making requires a
mature sense of judgment.
Critical thinking is a complex process that has many definitions. Most agree that
critical thinking does entail an orderly investigation of ideas, assumptions,
principles and conclusions. Critical thinking is the process that guides scientific
reasoning, the nursing process, problem-solving and decision making. The
cognitive skills attributed to the critical thinking process include divergent
thinking, reasoning, reflection, creativity, clarification and basic support (Green,
2000).
Organisational change is the type of change that often causes more stress or
concerns. Unfortunately, when organisational change is planned, employees are
often the last to know what the anticipated change is when they are frequently
the ones most affected by it. The staff nurse is expected to implement the new
care delivery system, but they may also be the last persons to know about the
change until it is implemented.
Conflict resolution is vital in change. In this module you will learn about the
process of conflict resolution and relate this to your experiences and daily
nursing practice.
Figure 6.1: Internal and external factors that affect decision making
There are a few theories that can be utilised in decision making and these are
summarised in Table 6.1.
There are a few advantages of utilising group decision making. For example,
with the different knowledge, skills and resources of members collaborating in
the process, new ideas can be generated. In addition, the implementation process
is easier to carry out with the commitment of the team members. To secure the
support of the group, the leader should maintain open communication with
those affected by the decision and be honest about the advantages and
disadvantages of the decision.
Group decision making also carries disadvantages and may not be appropriate in
all situations. The decision making process requires more time and this may not
be appropriate in some situations especially in a crisis situation requiring prompt
decisions. Another disadvantage relates to unequal power among the team
members. Dominant personality types may influence the more passive or
powerless group members to conform to their points of view.
ACTIVITY 6.1
openness to questions, and to reflect on the reasoning process used to ensure safe
nursing practice and quality care.
For a better picture of critical thinking, let us have a look at the model shown in
Figure 6.3.
Critical thinking is a concept that interweaves and links the others. Decision
making is not synonymous with problem solving. Decision making is a
purposeful and goal-directed effort that uses a systematic process to choose
among options. Not all decision making begins with a problem, sometimes it just
needs to identify and select options or alternatives. Problem solving, on the other
hand, includes a decision-making step and is focused on trying to solve an
immediate problem, which can be viewed as a gap between „what is‰ and „what
should be‰.
Critical thinkers strive to be clear, accurate and precise when they communicate
and their thinking is adequate for their intended purposes. Thus, it is important
for managers to assess their staffÊs ability to think critically and enhance their
knowledge and skills through staff development programmes, coaching and role
modeling. Establishing a positive and motivating work environment can enhance
attitudes and the disposition to think critically.
ACTIVITY 6.2
You should visit these websites for more information on critical thinking:
http://www.critical-thinking.org
http://www.insightassessment.com
There are three types of change: personal change, professional change and
organisational change.
(a) Assessment
(i) The purpose of and need for change can be identified from the
collection and analyses of data.
(ii) There are several sources for data collection and analysis: structural,
technological and people.
(iii) Structural problems may be in the form of physical space or
configuration of the space.
(iv) Technological problems may include a lack of wall outlets for
necessary equipment, poorly situated computer locations and limited
computer system interface ability.
(v) People problems may come in the form of personnel with inadequate
training to accomplish the goals, unwillingness to meet the goals, lack
of commitment to the organisation or lack of understanding on the
need for change.
(vi) Data analysis is used to identify the need for change and support the
potential solutions.
(b) Planning
(i) The most successful plan for change is where the individuals who will
be most affected are involved, satisfied and committed.
(ii) It is also important to explain how the change will be implemented,
although this may require modification as the implementation begins.
(iii) Expected outcomes must be identified and the plan to evaluate those
outcomes must be evident.
6.6.2 Conflict
An important part of the change process is the ability to resolve conflict. Conflict
allows a healthy discussion of different views and values, and adds another
dimension to quality patient care. Conflict can also be seen as a disagreement
about something of importance to two or more parties. Each party may or may
not be aware of the otherÊs conceptualisation of the meaning of the conflict; thus
both parties need to sit down and determine the existence and nature of the
conflict and the reasons it exists.
There are essentially seven methods of conflict resolution. The methods dictate
the outcomes of the conflict process as shown in Table 6.3.
According to Lewicki, Hiam and Olander (1996), there are five approaches to
negotiation: collaborative (win-win), competitive (win at all costs), avoiding
(lose-lose), accommodating (lose to win), and compromise (split the difference).
These five approaches to negotiation are influenced by the importance of
maintaining the relationship relative to the importance of achieving oneÊs desired
outcomes.
Success of the selected techniques depends on several factors. Any issues might
have enormous impact on the technique selected and the level of success that will
be achieved. The trick for the nurse leader/manager is to determine what
conflicts require intervention and which techniques stand the best chance for
success.
SELF-CHECK 6.1
Assessment of Conflict
Based on the following assessment format, answer all the following
questions.
(a) What is (are) the issue(s) in the conflict?
(b) Are the issues based on facts? Based on values? Based on interests
in resources?
(c) Are the issues realistic?
(d) What are the goals of each conflicting party?
(e) What conflict management strategies, if any, have been used to
manage the conflict to date?
(f) What alternatives in managing the conflict exist?
(g) What are you doing to keep the conflict going?
Quality assurance (QA) emerged in health care in the 1950s, about the same time
as hospital-accrediting organisations were founded (AMC Q Series, 1998). QA
was first aimed to inspect health care institutions, mainly hospitals to achieve
minimum standards of care. The function of QA grew over time, as it became the
organisational mechanism for measuring performance against standards and
reporting incidents and errors, such as mortality and morbidity rates. QAÊs
methods consisted primarily of chart audits of various patient diagnoses and
procedures. The method was thought to be punitive, with its emphasis on „doing
it right‰ and did little to sustain change or proactively identify problems before
Copyright © Open University Malaysia (OUM)
88 TOPIC 6 DECISION MAKING
The terms „quality management‰ (QM) and „quality improvement‰ (QI) have
evolved from the business philosophy known as total quality management. It
began in the manufacturing industry with W. Edwards Deming and Joseph Juran
in the 1950s. This approach was integrated into the healthcare industry in the
1980s when cost and quality of care pressures from health maintenance
organisations and other third-party payers increased along with competition for
patients (AMC Q Series, 1998).
Table 6.4 shows the differences between Quality Assurance and Quality
Improvement.
ACTIVITY 6.3
(f) Collect data to evaluate the implementation of the plan and the
achievement of outcomes
If an outcome is not met, revisions on the implementation process are
needed. The nurse manager must also evaluate the work of the team
members and the ability of individual team members to work together
effectively.
Copyright © Open University Malaysia (OUM)
TOPIC 6 DECISION MAKING 91
ACTIVITY 6.4
You are the change agent of the unit tasked with implementing a new
approach on nursing care and maintaining the quality of care. Choose
one issue in your clinical practice and relate it with the quality
improvement process that you have already learned. Discuss the issue
in class.
1. The decision making process is a vital skill that every nurse manager
should have. Briefly describe, using an example, how the Decision Making
Theories can be implemented in your nursing practice.
Al-Assaf, A. F., & Schmele, J. (1997). Total quality in healthcare. Boca Raton, FL:
St. Lucie Press.
AMC Q series curriculum (1998). Albany, NY: Albany Medical Center, Quality
Management Department.
Bennis, W., Benne, K., & Chin, R. (1969). The planning of change. New York:
Holt, Rinehart, Winston.
Jones, R. A. P., & Beck, S. E. (1996). Decision making in nursing. Clifton Park, NY:
Delmar Learning.
Koch, R. (1999). The 80/20 principle: The secret to success by achieving more
with less. NY: Doubleday.
Lamond, D., & Thompson, C. (2000). Intuition and analysis in decision making
and choice.
Lancaster, J., & Lancaster, W. (1982). Concepts for advanced nursing practice: The
nurse as a change agent.
Norris, S. P., & Ennis, R. H. (1989). Evaluating critical thinking. Pacific Grove,
CA: Midwest Publications, Critical Thinking Press.
Reed, C. R., & Pettigrew, A. C. (1999). Self management: Stress and time. St Louis,
MO: Mosby.
Scott, G. G. (1990). Resolving conflict with others and within yourself. Oakland,
CA: New Harbinger.
INTRODUCTION
The role of professional nursing has expanded rapidly within the past few years
to include increased expertise, specialisation, autonomy and accountability, from
both the legal and ethical perspectives. This has raised new concerns among
nurses and a heightened awareness of the interaction of legal and ethical issues.
Areas of concern include legal issues, professional acts and regulations,
employment rules and ethical principles.
This topic provides an overview of the legal system and specific doctrines used
by courts to define legal boundaries for nursing practice.
This topic is not meant to be a complete legal guide to nursing practice. Students
are advised to seek other legal textbooks.
SELF-CHECK 7.1
There are many different sources of law affecting healthcare providers and
their practices. Some laws affect nurses personally, such as constitutional
amendments, whereas other laws such as administrative laws regulate nursesÊ
professional acts.
In Malaysia, the ruling Government elected by the people is the one tasked to
make and enforce laws. Article 160 of the Federal Constitution provides a three-
fold classification of the different types and sources of Malaysian Law as shown
in Figure 7.1.
SELF-CHECK 7.2
The system of courts throughout Malaysia was established via Article 121 of
the Federal Constitution, the Courts of Judicature Act (revised 1972) and The
Subordinate Courts Act (revised 1972).
Every court has a specific jurisdiction or power to hear cases. The word
„jurisdiction‰ has two aspects;
• The subject matter before the court; and
• The geographical area which the Court covers.
In law, courts have the power to deal with matters that have been specifically
stated to be within a certain geographical area. Further, each court has certain
civil and criminal powers. On the civil side, it can only try actions involving
subject matter of a certain value. On the criminal side, courts are limited by the
punishment that they can impose.
Courts are arranged in a hierarchy, from the lowest courts (MagistrateÊs Courts)
to the highest courts (Supreme Court). Decisions made in the higher court have
precedence over decisions made in the lower courts. This means that when one
has received a judgment of a lower court, one can appeal to a higher court to
have the lower courtÊs judgment quashed, and either a different judgment made
or a new hearing granted. The decision of the higher court then applies, and is
binding on all courts lower in the same hierarchy in the jurisdiction. Precedent is
the word used to describe the system by which the common law is passed on to
influence later decisions.
In its appellate jurisdiction, the High Court hears appeals from the
Subordinate Courts. By virtue of its supervisory jurisdiction the High Court
may require any case in the Subordinate Courts to be brought before the
High Court for hearing.
Second Class Magistrates have the power to try original actions or suits of a
civil nature where the Plaintiff seeks to recover a debt or specific amount of
money not exceeding RM300. On the criminal side, a Second Class
Magistrate may try offenses where the maximum term of imprisonment for
those offences does not exceed 12 months imprisonment or which are
punishable with a fine only. A second class Magistrate may pass any
sentence allowed by law not exceeding:
(i) Six months imprisonment;
(ii) A fine of not more than RM1,000;
(iii) Any sentence combining either of the above; or
(iv) Any sentence combining any of the sentences above.
and criminal matters cases arising from a breach of native law or custom
where all the parties are natives or, in respect of a breach relating to
religious, matrimonial or sexual matters where one of the parties is native.
(h) Tribunals
Apart from the main system of courts there are various bodies which are
often referred to as tribunals. These tribunals have varying functions and
procedures which are set out in the legislation that created them.
In a nutshell
The legal system is a complex combination of laws, rules and regulations that
are created at both federal and state levels. Nurses must stay informed of the
legal scope of their nursing practice as society, as well as the nursing
profession, is bound to undergo changes. A basic knowledge of the law and
how it works would help nurses avoid litigation while giving them the
confidence to practise without fear or favour.
Criminal actions are instigated by the Crown (in the guise of the State, through
the police) claiming a person has committed a wrong against it by committing a
crime. A civil action is instigated by an individual, who claims that another
person has wronged (harmed) them, either physically, mentally or economically,
or is likely to cause such harm by the proposed actions.
Criminal cases are prosecuted by the State. They are officially designated. If the
prosecution is successful, the convicted person is punished. The Crown is not
interested in compensating the victim in these cases, only in punishing the
offender.
Civil cases, on the other hand are brought about mainly by:
• One person against another, claiming damage wrongfully inflicted on her or
him, or a debt owing to her or him, and seeking compensation from that
person. In this type of case the first person is suing (not prosecuting) the
other. The person suing is called the plaintiff; the person being sued is called
the defendant.
or
• A person seeking endorsement of a claim to certain rights and privileges as
against another. That person is called an applicant of the court and any
person or body opposing the claim is called the respondent.
The CrownÊs only interest here, through the judges, is that the contest in court
be carried out according to the established procedure and rules of evidence, it
acts as a referee in both types of case (the judges of course have the added role
of interpreting the law and determining the facts). Civil cases are designated,
the name of the plaintiff or applicant first, followed by that of the defendant
or respondent.
In criminal cases the prosecution has to convince the jury beyond a reasonable
doubt that the accused is guilty. This means that unless the prosecution has left
no reasonable doubt in the juryÊs mind as to the accusedÊs guilt, despite the
accuserÊs attempts to create that doubt, they must acquit.
In a civil case the burden on the plaintiff or applicant amounts to convincing the
court on the balance of probabilities. This is not as difficult as the standard of
proof for a criminal case. The court must find a defendant not liable unless the
plaintiff has proved his case to that standard; the defendant does not have to
prove his case, only throw doubt on the plaintiffÊs arguments.
Criminal law deals with wrongs which are committed against the state rather
than against individuals. This is reflected in the fact that offenders are prosecuted
by the state. The interest of criminal law is in the punishment of the perpetrator,
not in the fate of the victim, who must pursue remedies in civil actions.
Tort law is one of the ways in which nurses, midwives and health visitors are
held accountable. It differs from other types of law in a number of ways.
Criminal law established standards on behalf of society, and when the rules are
broken society punishes the wrongdoer irrespective of the victimÊs position. The
wrong is committed against society as a whole. Tort law is concerned with the
relationship between individuals.
When mishaps occur, victims can choose whether they wish to sue the person
who caused the action. If they decide to sue, and in their case, they will receive
compensation, which is designed so far as possible to put them in the position in
which they would have been if nothing had happened to them. The major
function of negligence actions therefore, in health care as elsewhere, is to provide
compensation for the victims of accidents.
The standard of care in negligence does not represent the quality of care that
nurses, midwives and health visitors should aspire to provide, it establishes the
basic standard of practice that patients are entitled to expect as a minimum.
• Legislative and legal controls have been established to clarify the boundaries
of professional practice and to protect patients.
• There are some definite answers and guidelines to assist nurses for legal and
legislation areas.
• However these controls are constantly evolving and nurses must continually
be aware of these changes as they affect the scope of practice.
LEARNING OUTCOMES
By the end of this topic, you should be able to:
1. Examine the acts and regulations related to the nursing profession;
2. Analyse key aspects of employment rules and how it affects nursing
practice;
3. Discuss the legal issues facing nurses related to patient care;
4. Analyse ethical theories and principles in health care; and
5. Explore ethical issues and dilemmas related to nursing practice.
INTRODUCTION
This topic is divided into four sections. Having learnt the types of law and the
differences between various types of law in the previous topic, you may now
study the standards of professional conduct set by the Malaysian Board of
Nursing. You will also learn about the law that applies to nurses.
The first section examines the role of nursing acts and regulations, and
employment rules in professional licensure and discipline. The second section
deals with legal implications and nurses duties and responsibilities. Basic ethical
concepts will be introduced in the third section. The last section deals with
ethical issues and dilemmas in nursing practice.
There are four main ways in which the law works to maintain nursing standards:
(a) Criminal law could be involved where the harm was deliberately or
recklessly caused. It is, for example, manslaughter to cause a patientÊs death
through recklessness or through intentionally committing an unlawful act
that causes death.
(b) The Nurses Act 1950 and Nurses (Amended) Act 1980 give the Malaysian
Nursing Board power to de-register nurses found guilty of professional
misconduct.
(c) Employers may, under the contracts that they have with each nurse,
discipline and dismiss the nurse.
(d) The law of negligence allows patients to sue nurses and their employers for
compensation, should they suffer loss through a nurseÊs carelessness.
8.1.1 Licensure
Licensure is the process by which an agency of a government grants permission
to an individual to engage in a given occupation. There must be evidence that the
applicant has attained a minimal degree of competency to ensure that public
health, safety, and welfare are reasonably protected. It defines not only the scope
of practice and the requirements for entry into practice, but also the penalties for
prescribed actions and for practising without a requisite license.
The functions of the Nursing Board Malaysia are as shown in the following table.
Function Description
Training • Approves training schools for nurses
• Approves the curricula for training
• Reviews the training curricula from time to time
Registration • Registers trained nurses in the General part of the Register for
Nurses
• Registers nurses in the supplementary parts of the Register for:
assistant nurses, mental health nurses, public health nurses,
community nurses
Discipline • The Board has disciplinary jurisdiction and is empowered to take
action against any registered nurse for breach of discipline as
provided in the Regulations.
Board Meetings • Examination Board meetings to approve the Nurses Registration
Examination results
• Nursing Education Committee Meetings to consider any matters
pertaining to training, curricula and examinations
• Nursing Evaluation Committee to process the application for
registration for foreign trained nurses (Malaysian nurses trained
overseas and foreign nurses)
In a nutshell
The state legislature creates the Nurses Act and grants the authority for a
Board of Nursing to administer and enforce the act, thus setting the legal
boundaries for the scope of professional nursing practice.
Nurses can be, and have been, prosecuted for committing crimes. These range
from assaults and theft of patientsÊ property to manslaughter where a nurseÊs
recklessness may have caused a patientÊs death. While patients sue using the civil
law, it is normal for the police to bring prosecutions under the criminal law. In
criminal law, the prosecution must prove their case „beyond all reasonable
doubt‰. That is why some prosecutions are not begun because the prosecutorÊs
advice is that there is insufficient evidence for conviction. This can occur in cases
where nurses are accused of abusing patients where there is insufficient
supporting factual evidence.
In civil cases and professional and employerÊs disciplinary procedures, the court
of tribunal only has to be satisfied „on a balance of probabilities‰, although they
will take into account the seriousness of the consequences for the people
involved, such as loss of employment. So the same nurse may not be prosecuted
for abusing a patient or may be found not guilty but nevertheless have his or her
dismissal from employment approved by an industrial tribunal, or his or her
A nurse will only be liable for negligence if he or she had negligently caused loss
to someone to whom she or he owed a duty of care. To be liable for negligence it
is not enough that there was a duty of care, there must also have been a breach of
the standard of care. These standards govern the actions of the nursing
profession. A nurse is not negligent when he or she acts in the way that
reasonably competent members of his or her profession would act. The court
listens to the expert witness, from the profession concerned, who describes the
appropriate standard of care and what any reasonable competent nurse would
have done in such circumstances. Harm or loss must be experienced, and it must
have been caused by the negligent act. The law requires that the breach of the
standard of care causes the loss. The particular negligent conduct does not have
to be the sole main cause. It will be enough that it had an effect that was not
insignificant or trivial.
In a nutshell
Three elements must be found in negligent cases:
(a) The nurse must owe the patient a duty of care;
(b) There must be a breach in the care; and
(c) The patient must suffer some kind of loss.
Assault Battery
Issue of consent does not arise. Defendant's act is done without the
plaintiffÊs consent.
Plaintiff experiences reasonable apprehension Physical contact between defendant and
of a force upon his person. plaintiff.
The tort protects one from the threat of any The tort protects one from physical contact,
physical violence, as well as to maintain a be it violent or not, as long as it is an
personÊs mental well-being. unnecessary and unauthorised contact.
The key point is patient consent. The nursesÊ checklist for making sure informed
consent is taken includes:
(a) Disclosure
Patient is informed of current medical status, course of treatment, risks
involved, benefits, alternatives, etc.
(b) Comprehension
Patient understanding.
(c) Competence
The patient is competent enough to understand, reason and deliberate
information and make decisions.
(d) Voluntariness
The patient was not subject to force, coercive influence or manipulation.
There are two types of defamation: libel and slander. While in libel, the
statements are in permanent form i.e. written or printed statements; slander is
usually in transitory form i.e. speech or gestures. Thus it may not be actionable as
compared to libel as it must have proof of damage. Patient confidentiality thus is
very important. Nurses owe a duty of confidentiality in respect of the patientÊs
information acquired in their capacity as a nurse and may only disclose
information in certain circumstances i.e. case discussion for management of
patient, statutory requirement, etc.
Many nurses envisage ethics as dealing with principles of morality and thus
what is right or wrong. A broad conceptual definition of ethics is that ethics is
concerned with motives and attitudes and the relationship of these attitudes to
the good of the individual. Ethics may be distinguished from the law as ethics
concerns the good of an individual within society while law concerns society as a
whole. Law can be enforced through courts and statutes while ethics are enforced
via the ethics committee and a professional code of conduct.
Law Ethics
Source External to oneself; rules and Internal to oneself; values, beliefs
regulations for society. and individual interpretations.
Concerns Conduct and actions – what did the Motives and attitudes – why did
person do. the person act as he or she did.
Interests Society as a whole. Individuals within a society.
Enforcement Courts, statutes, Nursing Board. Ethics committee, professional
organisation.
Ethical theories are important because they form the essential basis of knowledge
from which to proceed. In addition to ethical theories, there are several key
principles which will be discussed below.
(a) Autonomy
The autonomy principle addresses personal freedom and the right to
choose what will happen to oneÊs own person. The legal doctrine of
informed consent is a direct reflection of this principle. However autonomy
is not an absolute right. Under certain circumstances, the individualÊs rights
do not prevail over the rights of others. For example, a nurse has the right
to refuse care to a patient because of religious belief; however, if the safety
of the patient is jeopardised because of the lack of care, the nurse may
(c) Veracity
Veracity concerns truth telling and incorporates the concern that
individuals should always tell the truth. Lying or deception creates a
barrier between people and prohibits both meaningful communication and
the building of relationships. Recognising that communication is the
cornerstone of the nurse-patient relationship, it is obvious that nurses must
be truthful in order to communicate effectively with patients.
(d) Justice
Justice is the obligation to be fair to all people. The concept is often
expanded to what is called distributive justice, which specifically states that
individuals have the right to be treated equally regardless of race, sex,
marital status, medical diagnosis, social standing, economic level or
religious belief. It requires that the person or patient be treated according to
what is fair. The implication is that patients with the same diagnosis should
receive the same level of care. However nurses often face the challenge of
allocating scarce resources and supplies fairly.
In a nutshell
Ethics deals with the right and wrong of situations and has no mechanism of
enforcement, whereas laws are man-made rules that regulate society and are
enforceable. All ethical principles presuppose a basic respect for persons.
ACTIVITY 8.1
Read the following hypothetical case and discuss the answers for the
following questions with your coursemates.
Puan Aminah is a 75 year old woman who has terminal ovarian cancer.
During the course of her radiotherapy, she sustains third degree
radiation burns to her lower abdomen. Her wounds are extensive and
deep, requiring frequent wound irrigation. Despite being given pain
relief before each course of treatment, Puan Aminah finds it very
painful. She wants the treatment discontinued.
(a) Discuss the situation in terms of beneficence and non-maleficence.
(b) What is the nurseÊs responsibility in assisting the patient to
maintain autonomy?
(c) How should the nurse deal with conflicting principles?
By the very nature of an ethical dilemma, there is no good solution, and the
decision made often has to be defended against those who disagree with it. The
ethical decision making process provides a way for nurses to answer key
questions about ethical dilemmas and to organise their thinking in a more logical
and sequential manner.
The following five-step ethical decision making process is presented as a tool for
resolving ethical dilemmas.
ACTIVITY 8.2
In a nutshell
There are no clear or ideal solutions in ethical dilemmas and differences of
opinion often exist as an individual is forced to choose between two equally
favourable alternatives. At some point, nurses need to undertake the task of
clarifying their own values.
• Ethics offers no clear-cut answers, nor are there rules and guidelines that
cover all aspects of human life.
• The nurse must explore value systems and become expert in using ethical
principles and theories.
• Ethical principles exert direct control over professional nursing practice and
encompass basic premises from which rules are developed.
OR
Thank you.